TERMS OF USE


INTRODUCTION

Welcome to an Internet site of PCI Group (“PCI”). PCI includes gotdrummers.com, pci-prod.com, sticktape.com, guardtape.com, pci-group.us and pci-retail.com and other Internet sites affiliated with PCI Group (each a "PCI Site"); collectively referred to herein as "we," "us," or "our."

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PCI SITE. By using the PCI Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the PCI Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment."

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any PCI Site are the copyrighted property of PCI Group or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, trade names and trade dress are proprietary to PCI Group or its affiliates or licensees. No material from any PCI Site or any Internet site owned, operated, licensed or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any PCI Site. The use of any PCI material on any other Web site or computer environment is prohibited.

In the event you download software from any PCI Site, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions or materials (unless specifically requested by us).

If, through participation in certain activities, you send any material (e.g., postings to chat, boards or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, message board, instant messaging, mobile messaging or email function (including, but not limited to, electronic greeting cards) offered as part of any PCI Site. If you participate in any Forum within a PCI Site, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a PCI Site by way of any Forum is routed through PCI’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on PCI Sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

When participating in a Forum, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading, investment or any other decisions made based on such information.

HOUSE RULES

The following is a list of the House Rules of conduct for the PCI Sites. By using the PCI Sites you agree not to do any of the following:

  1. Post, distribute or otherwise make available or transmit any data, text, message or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening or that could be deemed to be stalking; (b) bigoted, hateful or racially offensive; (c) vulgar, obscene or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

  2. Post, distribute or otherwise make available or transmit any data, text, message, computer file or other material that infringes and/or violates any right of a third party or any domestic or international law, rule or regulation, including but not limited to: (a) copyright, patent, trademark or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;

  3. Advertise or sell any products, services or otherwise (whether or not for profit) or solicit others or use any Forum for commercial purposes of any kind;

  4. Post, distribute or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;

  5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

  6. Engage in antisocial, disruptive or destructive acts, including "flaming," "spamming," "flooding," "trolling" and "griefing" as those terms are commonly understood and used on the Internet;

  7. Delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols or modify any logos that you do not own or have express permission to modify;

  8. Post, distribute or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

Additionally, you may use electronic greeting cards or mobile messaging for noncommercial purposes only. You must furnish your actual email address or mobile phone number in order to send a card or message. Any business use, "remailing," or other high-volume application is strictly prohibited. You are not permitted to send cards or messages using an automated program. Electronic greeting cards and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. Electronic greeting cards and mobile messages that violate these guidelines will not be delivered.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, email or posting, that is in violation of these House Rules. We also reserve the right to remove messages, emails or postings that do not pertain to the designated topic or theme of the Forum.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a PCI Site in violation of the law.

CONTENT LINKED TO ANY PCI SITE

You should be aware that when you are on a PCI Site, you could be directed to other sites that are beyond our control. There are links to other sites from PCI pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the PCI Site. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a PCI Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that PCI is not responsible for those sites. We reserve the right to disable links from third-party sites to any PCI Site, although we are under no obligation to do so.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a PCI Site.

DISCLAIMER

THE MATERIALS IN THE PCI SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY PCI SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT ANY PCI SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY PCI SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from any PCI Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any PCI Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

SUBSCRIPTIONS/BILLING

Some services offered on PCI Sites are subscription-based services. Please refer to the Member Service Agreement for the applicable subscription-based service for specific terms and conditions applicable thereto.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your member name(s), password(s) and your account, as well as all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PCI SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY PCI SITE.

JURISDICTIONAL ISSUES

PCI, or PCI Group, is controlled from its U.S. offices in Nevada. We make no representation that materials on any PCI Site are appropriate or available for use in any particular location. Those who choose to access a PCI Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these terms of use at any time. In the event that we do so, we may notify you of any such change, modification, addition or deletion by sending you an email at the last email address that you provided us and/or by prominently posting notice of the any such change, modification, addition or deletion on the Web sites covered by these terms of use. Any such change, modification, addition or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of such notice on the Web sites covered by these terms of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. In the event that the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes, modifications, additions or deletions described in the notice.

TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of all PCI Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Member Services
PCI Group
ATTN: Chris Doolittle
777 N. Rainbow Road
Suite 250
Las Vegas, NV 89107
USA

We may immediately terminate these terms of use with respect to you (including your access to any and all PCI Sites) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all PCI Sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the State of Nevada and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Washoe County, Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: PCI Group

Name of Agent Designated to Receive Notification of Claimed Infringement: Chris Doolittle

Full Address of Designated Agent to Which Notification is Sent: 777 N. Rainbow Rd., Suite 250, Las Vegas, NV 89107

Telephone Number of Designated Agent: +1 (702) 944-9071

Facsimile Number of Designated Agent: +1 (702) 838-5130

Email Address of Designated Agent: copyright@pci-group.us

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on any PCI Site, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.

ATTRIBUTION AND NOTICES

Associated Press. ("AP") text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

S&P ComStock, Inc. ("Comstock") and Standard & Poor's Investment Advisory Services, Inc. ("SPIAS" and, together with Comstock, referred to herein as "S&P"). All information provided by Comstock, SPIAS (through its S&P Personal Wealth service) and their affiliates (collectively, the "S&P Information") on this site is owned by or licensed to such entities and you are permitted to store, manipulate, analyze, reformat, print and display the S&P Information only for your personal use. In no event shall you publish, retransmit, redistribute or otherwise reproduce any S&P Information in any format to anyone, nor shall you use any S&P Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. All information supplied by Comstock is displayed on a minimum fifteen (15)-minute-delayed basis. Prior to the execution of a security trade based upon such information, you are advised to consult with your broker or other financial representative to verify pricing information. You should consult with your advisors, including your financial and tax representatives, before making any investment decisions. Neither S&P nor its affiliates make any express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding the S&P Information. The S&P information is provided to users "as is." Neither S&P nor its affiliates will be liable to you or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the S&P Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.

Dow Jones. The Dow Jones Averages (sm) and the Dow Jones Indexes are compiled, calculated and distributed by Dow Jones & Company, Inc., and may have been licensed for use. All content of the Dow Jones Averages (sm) and the Dow Jones Global Indexes (sm) (c) 1997 Dow Jones & Company, Inc. All Rights Reserved. "Dow Jones (sm)," "The Dow Jones Indexes (sm)," "The Dow Jones Averages (sm)," "Dow Jones Industrial Average (sm)," "DJIA (sm)," "Dow Jones Transportation Average (sm)," "DJTA (sm)," "Dow Jones Utility Average (sm)," "DJUA (sm)," "Dow Jones Composite Average (sm)," "The Dow Jones Global Indexes (sm)," "DJGI (sm)" and names of the component indexes of the Dow Jones Global Indexes are famous, well-known and internationally recognized trademarks of Dow Jones & Company, Inc. and may have been licensed for use by certain PCI Sites.

NASDAQ Stock Market. All NASDAQ information is displayed on a twenty (20)-minute-delayed basis and is not Real-Time information.

Business Wire. All of the Business Wire news releases are protected by copyright and other applicable laws, treaties and conventions. Information contained in such releases is furnished by Business Wire's suppliers/members, who are solely responsible for their content, accuracy and originality. All reproduction, other than for an individual user's personal reference, is prohibited without prior written permission.

Reuter's content is the intellectual property of Reuters or its third-party content providers. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors, delays in content or for any actions taken in reliance thereon. Reuters and the Reuters Group are registered trademarks of the Reuters group of companies around the world. For additional information on other Reuters Services please visit the Reuters public Web site http://www.reuters.com.

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